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ARTICLE · 06 SEPTEMBER 2017

Employment Essentials: August 2017's Top 5

Gowling WLG
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Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business - what they are, and what you can do about them.

United KingdomEmployment and HR
Connie Cliff
Connie Cliff
Jane Fielding
Jane Fielding
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Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business - what they are, and what you can do about them.

1. Calculating holiday pay: regular receipt is key

Since 2011, we have had a seemingly endless stream of judgments significantly impacting on how holiday pay must be calculated for workers earning overtime and/or commission payments. The latest tweak comes from the Employment Appeal Tribunal (EAT) in Dudley Metropolitan Borough Council v Willetts and Others.

Back in 2011 the Court of Justice of the European Union (CJEU) in Williams v British Airways plc stated that workers are entitled to receive their 'normal remuneration' when taking statutory holiday leave. This includes not only basic salary but also remuneration "intrinsically linked to the performance of the tasks". This has led to a plethora of cases on what is 'normal remuneration'.

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